SEN, J. - (1.) FOR the asst. yr. 1952-53 Barick Screen Corpn. was assessed to income-tax pursuant to a notice under s. 34(1) of the Indian IT Act, 1922 issued in the name of Barick Screen Corpn.
(2.) THE return was field by the assessee claiming the status of a firm but assessment was made on the assessee as an AOP. The matter went up in successive appeal to the AAC and the Tribunal. In the proposal for issuing the notice under s. 34(1A) the assessee was described as an unregistered firm and the approval for initiating proceedings was given on that basis. The Tribunal held that the notice initiating the proceedings under s. 34 was bad and the assessment order was cancelled.
(3.) ON a reference by the Revenue to this Court it was held, inter alia, that the Tribunal was wrong in holding that the prerequisite conditions for initiating proceedings under s. 34 had not been satisfied and that the assessment was not valid on that ground.;